This order set aside a notice dated 12.07.2004 regarding quarry dumping in buffer zones. The Court held that the notice was issued without a prior opportunity of hearing, and the petitioner must dispute allegations during formal enquiry.
The notice dated 12.07.2004 is set aside; petitioner's petition disposed of.
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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.12462 of 2004
ORDER:
This Writ Petition is filed challenging notice, dated 12.07.2004 issued in RCB/611/2003, by which, the petitioner is directed to remove the dumping of quarries in buffer zones and road margins in the Villages of Cheemakurthy, Rajupalemlakshmipuram and Budavada.
It is the case of the petitioner that it is maintaining the required buffer zones and without giving any opportunity, the impugned notice is issued.
The Writ Petition is of 2004 and no counter-affidavit is filed. Even from a perusal of the impugned notice, there is no indication of giving any prior notice and opportunity to the petitioner before issuing the same. The petitioner is disputing the allegations levelled against it and it should put forth the same during enquiry.
For the aforesaid reasons, notice, dated 12.07.2004 is hereby
set aside. However, if the petitioner is not maintaining any distance limits as required under law, this order will not preclude the respondents from taking action against it in
accordance with law.
Subject to the above observation, the Writ Petition is disposed of. No order as to costs.
______________________ R.SUBHASH REDDY, J 5th JANUARY, 2012.
kvni
1 issue framed by the court
Whether the issuance of a notice without prior opportunity of hearing was valid.
1 provisions across 1 enactments
Petitioner
Respondents
R.SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
